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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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Apr 23, 2013
04/13
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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Apr 22, 2013
04/13
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the miranda right can be read at a later time. >> reporter: lawmakers agree it's important to gather intelligence from him to save more american lives. that investigation continues. meantime the victims continue to mourn. this morning a private funeral for 29-year-old crystal campbell will be laid to rest just outside of boston. at 11:50 a.m. our time that is when a moment of silence will be held. live in the newsroom brian flores. >>> tonight runners in marin county will honor victims of the boston bombings. they will take part in a 2.5- mile race that begins at 6:45 at ross park. runners are encouraged to wear blue and yellow clothing. the official colors of the boston marathon. for more information on the boston bombings you can go to our website ktvu.com to see a special section with more details and information. >>> time is 6:03. the furloughs of air traffic controllers has started. tara moriarty is live at sfo now to tell us how travelers are reacting. tara. >> reporter: a lot of the passengers we have been speaking to this morning have been saying that congress needs to get it
the miranda right can be read at a later time. >> reporter: lawmakers agree it's important to gather intelligence from him to save more american lives. that investigation continues. meantime the victims continue to mourn. this morning a private funeral for 29-year-old crystal campbell will be laid to rest just outside of boston. at 11:50 a.m. our time that is when a moment of silence will be held. live in the newsroom brian flores. >>> tonight runners in marin county will honor...
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Apr 16, 2013
04/13
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they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try to get all of the information from the person and it may come back to bite them because some jurisdictions don't see it that way. >> absolutely right. in some places if you're a dangerous offender you get a long exception. in others, it doesn't matter how dangerous you are, if police basically rendered you-- >> what should happen. if we identify the person what do you think as a doj think next. >> in the person fits the definition of enany combatant, al-qaeda affiliate or someone we're at war with, that president obama could order the assassination of if that person was in yemen, that person belongs in
they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try...
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Apr 20, 2013
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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Apr 22, 2013
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government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart attack. we're more than 78,000 people looking out for more than 70 million americans. that's health in numbers. unitedhealthcare. and "up to 75% lower copays." as a preferred pharmacy, walgreens can save you as much as 75% compared to other select pharmacies. walgreens, at the corner of happy and healthy. >>> when ruslan tsarni held court with the media on friday, he tried to give a snapshot of his nephews' lives, he also defended his heritage, as well as his newfound homeland. >> i respect this country, i love this country. this country, which gives chance to e
government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart...
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Apr 20, 2013
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it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're getting overhead shot of the boat where the suspect was last night. this one is less clear. we're going put these on the screen. why is the boston public defender's office so anxious to get involved. >> probably running to the ideological on to the cynical. >> megyn: you think they are unhappy he hasn't been given miranda yet? >> good point. even if he had been given it and made statements and it's a slam-dunk case on video. they knead don't need any of it. >> megyn: so a confession in terms of figuring out the larger war on terror. >> it's a legitimate exception but a
it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're...
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Apr 22, 2013
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miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret: yuan, we don't know what if anything he has told investigators up until he was read his miranda rights. that's what we don't know. he is clearly not speaking because of the injury. but, your thoughts? >> i was going to make the point that you made, which is that we don't know what he said before he was read his miranda rights. and it would indicate from the fact that he is nodding that maybe he wasn't able to speak. maybe, i don't know but that's my assumption based on the transcript. i will say i don't think the presiden
miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret:...
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Apr 21, 2013
04/13
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. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of ammunition, guns and working bombs these men had. they were so disciplined. >> any indication of another sleeper cell? >> right now, no evidence of a broader plot involving more people here, but law enforcement officials say they can't take that chance. the investigation is full tilt to find that out. >> okay, pierre, thanks very much. let's get more on this from our team of analysis from our team, dan abrams, brad garrett and richard clarke. dan, let me begin with you. the question about the questioning of the witness, at least at first he will not be read his miranda rights. >> that's rig
. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of...
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...
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he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of information and it looks like the fbi and the national security apparatus is concerned about getting information, then you would want to get as much as you can out of someone in the near term in order to roll up any other individuals that might have been involved in a potential conspiracy. turning to the question on whether someone is an enemy combatant or not, if you apply law in 1944 when we were dealing with germans in the united states, maybe you could classify him as an enemy combatant. in the last 20 or 30 years, every major act of do
he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of...
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Apr 22, 2013
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miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions before we gotten everything we need to know. we want to follow up and you know as well as i do, lawyers will tell him, keep your mouth shut. >> actually david who ran the national security division that the opposite was true. often having the attorney involved makes it easier to explain to the defendant why it is in his interests to cooperate. i don't think that is necessarily true. certainly, the f.b.i. has broad authorities especially a case like thishere we know heinous act has happened to use various tools. there are often many ways to get information. >>
miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions...
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Apr 22, 2013
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but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to pursue death, the only way he's going to get out of that is either through some sort of mental health defense or through cooperation with the government where if he can reveal information that could be of assistance in prosecuting others or uncovering other plots, they may be willing to bargain for life in prison. >> yeah. i don't -- >> jay? >> i think just real quickly, i think that they're going to ask the families of the decreased and the people that got maimed. they're going to -- families of the deceased and people that got maimed and ask them what their opinion is. i think there's a good
but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to...
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Apr 22, 2013
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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Apr 23, 2013
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jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to gather intelligence to prevent a future attack, rather than having to negotiate through his lawyer to get any information. jenna: but, if i could, senator, there seems to be a lot of discrepancy about some of the information come being out about this investigation. >> right. jenna: we've all seen it, you know, played out on the news and otherwise. i would like to drill down a little bit into an even change you just had about the boston terror attacks with the s*epbg o secretary of home land se
jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national...
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dzhokhar tsarnaev was charged without miranda, this is because federal authorities were able to implement the... the national threat exemption. and that will allow them to continue to question him. now, just on the other side of the police tape is a spontaneous celebration, beginning with people huddled around the radios, wanting to hear the latest information h. they got the information they wanted, cheers would erupt. ultimately, they lined both sides of the road and cheered for the emergency vehicles as they were leaving this scene. the tactical teams, the police officers, the national guardsmen, all got cheers. the crowd would erupt and chanted u-s-a! u-s-a ?ft and patriotic songs, as the people here endured so much the last couple of days, very glad to see this chapter of the trag fee tragedy is over. >> we will see you again. >> what is next here? joining us now, the criminal defense attorney, james shalloc, familiar with cases involving multiple murders. he prosecuted son of sam killer, david brcko wits. i have to think, the most powerful evidence may be the videotape, the day of t
dzhokhar tsarnaev was charged without miranda, this is because federal authorities were able to implement the... the national threat exemption. and that will allow them to continue to question him. now, just on the other side of the police tape is a spontaneous celebration, beginning with people huddled around the radios, wanting to hear the latest information h. they got the information they wanted, cheers would erupt. ultimately, they lined both sides of the road and cheered for the emergency...
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Apr 23, 2013
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courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there was actually defense counsel present. my question to you is he was apprehended friday night. he has been in and out of consciousness as far as we can tell. he has a throat wound, so he is writing things down. the administration has made use of a public safety exception in not reading him his rights. and i want to read from a memo in 2010 that went out to the fbi from the justice department that says there may be exceptional cases in which although all relevant public safety questions have been asked, are there other plots, other bombs, et cetera, agents noneth
courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there...
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bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we could have seen coming if we had questioned the guy. just think of the conversation if there was a second attack that we could have prevented because we let the guy clam up. bill: this particular decision was broadened two years and and changed by executive order. that is something the president put in action in case you would have an event like this. that you could possibly have active, ongoing terror attacks or threats of terror attacks that could endanger the safety of the public. >> that's why i think he's done the right thing by not giving him the ability to be quiet. we n
bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we...
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nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights off tonight have been revoked the rights of he has to remain silent as well as the rights to a lawyer are being denied to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between certain politicians and civil rights groups also it's important to mention that republican lawmakers in the united states have been suggesting that to be treated as an enemy competent this is also been a topic of much debate because we are of course talking about a u.s. citizen as we do know back in two thousand and eleven they did receive a request from a foreign government this is russia's government that said that they should look into the identity of the older brother the older suspect to milan back that he was twenty four years. old and the f.b.i. did receive recommendations that they investigate h
nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights off tonight have been revoked the rights of he has to remain silent as well as the rights to a lawyer are being denied to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between...
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for instance now we know that joe hart was not read his miranda rights in the beginning and there was a lot of questions as to why that wasn't happening but it's that turns out president obama and the f.b.i. and the local officials said that he was not do read those rights because of the public safety exception now the obama administration expanded those illegal mental those safety public safety exceptions in two thousand and eleven but i have to ask you do these kind of exceptions to rules undermine the constitution. well this is a case this issue's been settled by the supreme court it was so it a case of the mid eighty's i believe ninety six that's the name of this case of state at the moment but this is something that the supreme court has reviewed it up held ask corsa to tional in certain circles in certain situations. personally i'm not really sure what could have been a tape from them when he was unconscious at what he was in such a terrible state when he was picked out of that boat because the gentleman. the suspect was just. pretty much incapacitated whether they removed him f
for instance now we know that joe hart was not read his miranda rights in the beginning and there was a lot of questions as to why that wasn't happening but it's that turns out president obama and the f.b.i. and the local officials said that he was not do read those rights because of the public safety exception now the obama administration expanded those illegal mental those safety public safety exceptions in two thousand and eleven but i have to ask you do these kind of exceptions to rules...
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certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john king. >> -- he will either speak to -- >> john, you're hearing more? >> i just want to pass along information from our producer, who says two federal law enforcement officials have confirmed to her they have verified the identity. it is the younger brother, suspect number two, in custody. it is now they say federal officials verified the identity and have no doubt. as i said earlier, a federal official i communicated with said in custody, unspecified medical needs and they are now sweeping that scene to make sure there are no additional risks. >> bri
certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john...
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Apr 21, 2013
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more infmation but certainly looking like a military tribunal. >> geraldo: do you want it to be military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commcial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel like a 9th
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal?...
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Apr 23, 2013
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there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! >>. >> megyn: back mercedes and mark according to some reports, not independently confirmed he is claiming by writing out answers because he can't speak that well that his brother, his older brother wanted
there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with...
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Apr 23, 2013
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so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to justice, and also get the information that may be important to prevent future attacks and also provide answers that may help bring closure to the victims and the families of the victims. you know, there are some challenges, of course, with respect to the designation of enemy combatant. people forget that once that happens, dealing with an american citizen and what he will do is file habeas petition challenging that designation, raising again this question does the president on his own authority can he designate an american citizen enemy combatant which was an issue that came up with al awlaki. wh
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to...
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able to speak he was severely injured and a little confused as to why he was unnecessarily read his miranda rights if there was no evidence at the time but an imminent threat was about to take place because he was in custody and his brother had been killed and i'm very happy that he won't be tried as a enemy combatants because you know it's important to remember that despite the fact he you know committed a terrible crime he's an american citizen entitled to certain protections you know whether you come into the country or you're born here you are entitled those protections matthew feeney he's editor at associate editor at reason twenty four seven thank you for joining us by having me well as one small step for space exploration one huge leg up on the competition yet another private company has entered the commercial space arena and it's giving space x. a run for its money the orbital sciences corporation launched its new rocket from wallops island virginia on sunday it's the first step for this company in a race to supply the international space station are to correspondent margaret howl w
able to speak he was severely injured and a little confused as to why he was unnecessarily read his miranda rights if there was no evidence at the time but an imminent threat was about to take place because he was in custody and his brother had been killed and i'm very happy that he won't be tried as a enemy combatants because you know it's important to remember that despite the fact he you know committed a terrible crime he's an american citizen entitled to certain protections you know whether...
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as the participation of any per possible further accomplices and of course we have to note that the miranda rights off tonight have been revoked the right and he has to remain silent as well as a right to a lawyer are being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate civil rights groups are saying that he should be able to have these rights provided to him. a u.s. citizen being investigated in a criminal case but certainly this is not been the case officials are using the public safety clause and the criticism stems from the fact that they did say earlier that any immediate threat has been removed also it's important to mention that republican lawmakers in the united states have been suggest. that i have been treated as an enemy competent this is also been a topic of much debate because we are of course talking about a us citizen or ny and didn't become a naturalized citizen las
as the participation of any per possible further accomplices and of course we have to note that the miranda rights off tonight have been revoked the right and he has to remain silent as well as a right to a lawyer are being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate civil rights...
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is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be treated at enemy combatants. we're talking about an american citizen on american soil. there's no evidence that i've seen yet that they were a part of an al qaeda cell or directed by a foreign government. we're very far afield from a situation which is sort of the paradigm for enemy combatant status. that is, someone captured on the balg battlefield in a theater of war. resist these charges as an enemy combatant. the court has proven capable
is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will...
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Apr 23, 2013
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the miranda warning says you amendment right. if the information you provide, information this may save lives prevent terrorist acts in the future, can't be used not in you, you are danger of self-incrimination. used it would is still be habeas corpus right. so what we are saying and what he is saying and i think it is rong there is no such thing as global jihadist movement. i think the evidence of that is we will treat d somebody who commits an act of brutal terrorism as a criminal them to lawyer up and say don't say a word, information,hem any we will deal later and i think i think this is illful blindness and reckless in regard to the people who may foruture.ctims in the guest: responding to the caller, i think what you are saying is i hear it t because from other people in the military. a purpose. war have if we unlawfully seek to expand that purpose we harm only armed forces, ur who are legitimately carrying in limited nflict particular areas in afghanistan. and the constitutional right would have been violated here had we h
the miranda warning says you amendment right. if the information you provide, information this may save lives prevent terrorist acts in the future, can't be used not in you, you are danger of self-incrimination. used it would is still be habeas corpus right. so what we are saying and what he is saying and i think it is rong there is no such thing as global jihadist movement. i think the evidence of that is we will treat d somebody who commits an act of brutal terrorism as a criminal them to...
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jon: to that end are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly time. jenna: the 19-year-old suspect was captured friday night in watertown found hiding in a boat parked in the backyard moments after police said the trail had gone cold. molly line is live outside the hospital in boston. what do we actually know about the suspect's condition today? >> well, dzhokhar tsarnaev is still inside the hospital under heavy guard, in serious condition but table stable ae stable according to local sources here. we are expected to hear from the u.s. attorney's office possibly as early as today on charges. there are varying reports about his ability to communicate. some have said he's been able to write things down, that is not confirmed through official fbi sources or the hospital staff on hand. we know from a high-ranking lawmaker that dzhokhar suffered a gunshot wound 0 to his throat, and they are not saying at this time whether it was self-inflicted. he had a considerable blood loss in the community of watertown during
jon: to that end are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly time. jenna: the 19-year-old suspect was captured friday night in watertown found hiding in a boat parked in the backyard moments after police said the trail had gone cold. molly line is live outside the hospital in boston. what do we actually know about the suspect's condition today? >> well, dzhokhar tsarnaev is still inside the hospital under heavy guard, in...
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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Apr 19, 2013
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the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government has to classify him as such. then he is treated very differently. in american citizen jars of the typical crime, if you want to call it. stuart: and sorry to do this to you. stay right there. domestic this commercial break. we will be back quickly to myve, promise to that. ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out o10 large professional investors choose ishares for their etfs. ishar
the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government...
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he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were deemed enemy combatants. pl hosea padilla for one but in the case of him they have not found any link to an al qaeda linked group and therefore no court in the u.s. would necessarily rily uphold the president as r in commander-in-chief in designating him as enetinue ould combatant. this would be shaky i am told by experts.lleged even if he is deemed an enetinu he watant he has a right to an attornaney he doesn't have to tt if he dorcsnk means are limited means interrogators have at their disposal to make him do so. >> the 4cmhour t
he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were...
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. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university of massachusetts were stushed to learn they -- were stunned to learn they knew one of the bombers. >> he's like, yeah, tragedies happen. >> they say he was on campus and say they were shocked when they saw his picture on tv after the explosion. coply square will remain closed for at least two more days. fbi agents scour the scene for evidence and debris from the bombing is cleared. officials say the square will not reopen until the fbi investigation is complete. >>> :7:-- 7:03. the as are in oakland getting ready to begin a series with the boston red sox. some plan to meet with air aaron -- with aaron hearn, th
. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university...
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Apr 20, 2013
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
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Apr 17, 2013
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obviously they're going to question this suspect, they'll read the miranda rights and all of that. they're going to try to find out if this individual who has now been arrested acted alone as a so-called lone wolf or was part of some broader conspiracy, walk us through what the fbi is about to do. >> sure. well, wolf, they will -- they will take him into custody, they will give him his miranda rights because they want to be sure any statement the individual may make is admissible in court during the prosecution. if the individual agrees to talk, there will be -- they will take a statement and they will also likely confront him with forensic evidence and things that they have learned, photographs, they will ask him to identify how he constructed the bomb, how he knew to construct the bomb, who, if anyone, he worked with, who he communicated with, they'll want to -- they will want to make sure to take when he's arrested any cell phones, blackberries, pocket litter, pieces of paper, notebooks he may have on him and they'll want to have him retrace for them his steps. they will then se
obviously they're going to question this suspect, they'll read the miranda rights and all of that. they're going to try to find out if this individual who has now been arrested acted alone as a so-called lone wolf or was part of some broader conspiracy, walk us through what the fbi is about to do. >> sure. well, wolf, they will -- they will take him into custody, they will give him his miranda rights because they want to be sure any statement the individual may make is admissible in court...
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. >> some believe despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with authorities in exchange for sparing his life remains an option. >>> the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question was tamerlan tsarnaev involved in a 2009 triple murder. molly, we also hear that there is good news today about the victim. >> good morning, heather. two in critical condition. doctors are telling us everyone now in the hospital are expect to do survive. there were 14 patients that lost lefshs. boston medical center say many are up and walking and they are preparing for a massive exodus as they call it to rehab. many recoveries underway. investigators are looking to speak with suspect number one's wife tamerlan tsarnaev was married to katherine russell tsarnaev. they met in college in 2010 and sometime around tha
. >> some believe despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with authorities in exchange for sparing his life remains an option. >>> the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question...
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person soon i do also want to bring up the fact that there was a lot of questions about them and the miranda rights in this case whether or not he was going to be run office like he wasn't at first and that was because of the public safety exception now the obama administration has been using this public safety issue exception for quite some time they actually extended it back in two thousand and eleven but can you give us a little bit more detail about what falls under the public safety exception and also my other question to you would be does it undermine the constitution to have these exceptions well i'm not a constitutional so i don't want to talk to you know with to having an opinion on the other constitutional interpretation but it seems to be in place for if the public safety exception seems to be in place if there's good reason to think there could be imminent threat and after the young man was apprehended he was wasn't able to speak he was you know severely injured and i mean a little confused as to why he was unnecessarily read is miranda rights if there was no evidence at the time
person soon i do also want to bring up the fact that there was a lot of questions about them and the miranda rights in this case whether or not he was going to be run office like he wasn't at first and that was because of the public safety exception now the obama administration has been using this public safety issue exception for quite some time they actually extended it back in two thousand and eleven but can you give us a little bit more detail about what falls under the public safety...